Fillable Contents Overview & Purpose Introduction (City of Fairmont)

Fill Online, Printable, Fillable, Blank Contents Overview & Purpose Introduction (City of Fairmont) Form

Use Fill to complete blank online CITY OF FAIRMONT (WV) pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Contents Overview & Purpose Introduction (City of Fairmont)

On average this form takes 9 minutes to complete

The Contents Overview & Purpose Introduction (City of Fairmont) form is 19 pages long and contains:

  • 1 signature
  • 2 check-boxes
  • 30 other fields

Country of origin: US
File type: PDF

U.S.A. forms for City of Fairmont

BROWSE CITY OF FAIRMONT (WV) FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
Introduction
City of Fairmont Development Review Guidebook — Introduction
i
T
his Development Review Guidebook has been produced for
informational purposes to assist property owners, the development
community, and the general public. It is intended to be a user-
friendly tool to assist in navigating through the City of Fairmont’s
development application and review process.
The Planning Department has prepared this Development Review
Guidebook for those who desire to have a general understanding of the
development process in the City. In the Guidebook you will find application
forms and requirements, submittal checklists, easy-to-follow review process
flowcharts, and answers to commonly asked questions.
This document is not an ordinance. It is important to note that the
ordinances of the City should be thoroughly researched before reaching any
conclusions on questions related to development in the City of Fairmont.
This document can be the source to begin your search for information.
A complete copy of the Development Review Guidebook can be obtained
from the Planning Department located in the Fairmont City/County
Complex, 200 Jackson Street, Fairmont WV 26554, or downloaded from the
City of Fairmont website at www.fairmontwv.gov.
Contents
Introduction
Overview & Purpose
Getting Started
Review Procedures
Site Plans
Conditional Uses
Subdivisions / Minor Boundary
Adjustments
Rezoning Requests
Board of Zoning Appeals
Building Permit
Historic Preservation
Application Forms
Site Plan Review
Subdivision Review
Rezoning Request
Board of Zoning Appeals
Conditional Use
Affidavit of Ownership of Land
Variance Request
Overview & Purpose
Introduction
City of Fairmont Development Review Guidebook — Introduction
ii
Getting Started
Important Contacts
City of Fairmont
City/County Complex—3rd Floor
200 Jackson Street
Fairmont, WV 26554
Phone: (304) 366-6211
Fax: (304) 366-0228
www.fairmontwv.gov
Planning Department
(304) 366-6211, ext. 333
planning@fairmontwv.gov
Building Department
(304) 366-6211, ext. 303
sjolliff@fairmontwv.gov
City Engineer
(304) 366-0540
jcarson@fairmontwv.gov
Stormwater Manager
(304) 366-0540
mdemary@fairmontwv.gov
Department of Public Works
216 Meadowlane Ave.
Fairmont, West Virginia 26554
Phone: (304) 363-3883
Fax: (304) 363-8396
jfeltz@fairmontwv.gov
State of West Virginia
WV Department of Highways
1900 Kanawha Blvd, East
Building 5, Room A-722
Charleston WV, 25305-0330
Phone: (304) 558-3304
www.transportation.wv.gov
WV Alcohol Beverage Control
322 70th Street S.E.
Charleston, WV 25304
Toll Free: (800) 642-8208
www.wvabca.com
WV Tax Department
1001 Lee Street
Charleston, WV 25301
Phone: (304) 558-3333
www.state.wv.us/taxdiv
Where do I start?
Prior to a formal submission, it is strongly suggested that applicants contact
the Planning Department to discuss the proposed project or application and
to obtain valuable information regarding ordinances, codes and procedures.
This step can greatly facilitate a more timely review of your project or
application.
How can I obtain feedback prior to finalizing my plans?
There are two main ways to obtain feedback regarding a potential
development proposal prior to a formal submission. While both are
optional, applicants are strongly encouraged to pursue at least one of the
following, particularly for large development proposals or unique or
challenging sites:
Pre-Application Meeting
Applicants may request a meeting with the Planning Department to collect
information regarding ordinances and requirements, present conceptual
development proposals, and obtain initial feedback. In some situations,
attendance by other departments or the City’s engineering or planning
consultants may also be requested if appropriate.
Development Review Committee Study Meeting
DRC study meetings offer applicants an opportunity to obtain preliminary
feedback and comments from the various departments within the City.
Plans and any other supporting documentation should be submitted at least
six (6) business days prior to a scheduled study meeting. The submission
should include 8 sets of a conceptual development plan, building elevations,
and a cover letter explaining the project. Depending on the size of the
project, plans may be submitted on 11”x17” sheets. Applicants should
contact the Planning Department to determine the appropriate plan
submission format.
Each applicant will be given 30 to 40 minutes for discussion. This includes
a 15 to 20 minute presentation and an additional 15 to 20 minutes for
questions and comments from the DRC.
A fee is not required for the first meeting. Additional meetings and/or a Site
Plan Review may require the payment of a fee.
For more information, please contact Katherine S. Wyrosdick, AICP, City
Planner at (304) 366-6211, Ext. 333 or kwyrosdick@fairmontwv.gov.
Site Plans
City of Fairmont Development Review Guidebook — Site Plans
SP 1
Overview
When is a site plan required?
A site plan is required for review and approval by the
Development Review Committee (DRC):
Any buildings, structures, or outdoor uses of land in
any zoning district other than those excluded in
Article 1323.09(c).
For any substantial change in use or class of use, as
determined by the City Planner.
Uses which require conditional use permit approval.
Modification of a previously approved site plan.
New parking lots or expansion of parking lots adding
ten (10) or more spaces.
Any residential structure to be converted for non-
residential use.
Any structure that has been vacant for one (1) year or
more.
For all development within a special use district.
Why is site plan review required?
Site plan review provides the City with an opportunity to
review the proposed use of a site in relation to all
applicable ordinances and plans.
Site plan review also provides the City with an
opportunity to review the relationship of the plan to
surrounding uses, accessibility, pedestrian and
vehicular circulation, off-street parking, public utilities,
drainage, natural features, screening, and other
relevant factors which may have an impact on public
health, safety, and general welfare.
What is the site plan review process?
The site plan review process consists of two stages: 1)
pre-application meeting, and 2) site plan review.
Preliminary review may not be required if the project is
moderate in scope. Please check with the Planning
Department to determine whether site plan review is
required.
Pre-Application Meeting
(Optional)
Site Plan Review
by Development Review Committee
Denial Approval
Approval
Apply for
Building Permit
Denial
BZA
Conditional Uses
or Variances
(if applicable)
Site Plans
City of Fairmont Development Review Guidebook — Site Plans
What is required for site plan review?
The following must be submitted for site plan review:
One (1) completed Application Form with original
signatures of the legal owner and applicant.
One (1) original notarized Affidavit of Ownership and
supporting ownership documentation.
Eight (8) copies of the sealed site plan, floor plans,
elevations, and landscape plan (refer to Site Plan
Checklist).
The site plan fee shall be $75.00 for the first
$100,000 of the project and an additional $5.00
for each $100,000 thereafter.
Application Requirements Common Questions
What is the submission deadline for
site plan review?
The DRC meets weekly. Site plans for review by the
DRC must be submitted to the Planning Department at
least six (6) business days prior to a regularly
scheduled DRC meeting.
Site plans will be scheduled for review in the order in
which they are received and on the basis of
completeness.
Do I need to attend any meetings?
You will be notified of all meetings with your site plan
on the agenda. It is strongly recommended that you
have representation at all meetings at which your site
plan will be discussed.
The DRC will take action on a site plan whether the
applicant is in attendance or not; however, action may
be postponed if the applicant is not available to answer
questions.
Does final site plan approval allow me
to begin construction?
No, final site plan approval does not authorize
construction. Following site plan approval, permits to
allow construction or begin the use must be sought
through appropriate City departments and other
agencies. Application to the BZA for conditional use
and/or variances may also be necessary.
Site plan approval indicates compliance with the Zoning
Ordinance. It does not satisfy engineering or building
requirements. Plans must be approved separately by
the City Engineer and the Building Department.
How long is site plan approval valid?
Site plan approval is valid for twelve (12) months from
the date of approval.
Within twelve (12) months, the applicant shall have
made application for a building permit. Failure to do so
will result in approval being null and void unless
renewed or extended by the DRC.
A request for extension shall be made in writing to the
DRC, and it will be addressed at the next available
meeting. If approval is not extended before the
expiration of the twelve (12)-month period, a new site
plan application and approval shall be required before
a building permit may be issued.
What happens after site plan approval?
Once approval is given for a site plan, the next step is to
make any necessary changes to the plans as required
by the DRC. Upon revision, the applicant must submit
the following to the Planning Department for
verification:
Five (5) copies of the final revised site plan, if
applicable.
Detailed summary of changes in response to DRC
comments.
Acceptable final plans will be stamped “approved” by
DRC members. One (1) copy of the approved plans will
be returned to the applicant.
SP 2
Site Plans
City of Fairmont Development Review Guidebook — Site Plans
Site Plan Checklist
What information must be included on a site plan?
All site plans submitted for review must include the information required by Article 1323.17 of the City of Fairmont
Code Ordinance. Site plans must conform to current City regulations and those of any other agency having jurisdiction.
Site plans must be submitted by a licensed and/or registered professional in the field of architecture, surveying,
engineering or planning. The site plan shall be submitted to the DRC for approval. Incomplete site plans will not be
accepted for review. All drawings shall be to scale, clear and complete to obtain site plan approval
The following checklist is intended to assist applicants in preparing a complete site plan.
The site plan must be 11” x 17” to 24” x 36” to
ensure an accurate reading and interpretation.
Property lines of the proposed site as well as the
owners of adjacent parcels.
Dimensions of property line boundaries and building
setbacks.
Existing and proposed streets, alleys, lots,
easements, reservations, and areas set aside for
public use must be labeled.
Must include design, location and size of all motor
vehicle access to and from the site.
The location and design of detailed description of
existing and proposed buildings including those to
be removed.
Detailed description of existing and proposed storm
drainage structures, including size, grading and
direction of flow.
Identify the limits of the existing 100-year flood
surface elevations within this area.
Location of existing and proposed utilities (water,
sanitary sewer, cable television, gas, electric and
telephone).
Location of major electrical equipment (power poles,
guy wires, pad mount transformers, etc…).
Location of existing and proposed fire hydrants.
Location of existing and proposed contour lines with
elevations for curb and lot parking.
If a dumpster is to be used in the control and
handling of solid waste, indicate location, screening
and size of the dumpster pad.
The planned use or uses of the site.
Location of all waste water pre-treatment devices.
The location and design of any off-street parking
areas, including handicapped parking and loading
areas.
Name of development, legal description of property
with address, vicinity map and site plan oriented
with parallel north arrow, scale, acreage, name and
address of record owner and engineer, draftsperson,
architect and land planner.
Zoning designation as determined by the official
zoning map. The planned use or uses of the site.
Landscaping plan as required by Article 1345 of the
City of Fairmont Zoning Code.
Areas designated for material staging, concrete
truck wash out and construction debris.
Location and pavement type for temporary access
for vehicles during construction.
All existing and proposed signage, including height,
square footage and setbacks.
Architectural façade renderings which meet the
requirements of Article 1341 of the City of Fairmont
Zoning Code.
Additional information or engineering data to
determine that the site plan meets the standards of
the city.
SP 3
Who do I contact if I have more questions?
Contact the City of Fairmont Planning Department at:
Phone: (304) 366-6211 , ext. 333
Email: planning@fairmontwv.gov
Address: 200 Jackson Street
Fairmont, WV 26554
Site Plans
City of Fairmont Development Review Guidebook — Site Plans
SP 4
Notes
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————
Conditional Uses
City of Fairmont Development Review Guidebook — Conditional Uses
CU 1
Overview
What is a conditional land use?
Conditional uses are uses that may be permitted within
a zoning district subject to special conditions and
standards. Conditional uses listed in the Zoning
Ordinance may not always be permitted at all locations
within a district. Conditional uses are subject to the
following: 1) specific use conditions listed in the
ordinance, 2) site plan review by the Board of Zoning
Appeals (BZA).
What is the conditional use review
process?
The conditional use review process generally follows
the site plan review process with the addition of a
public hearing before the BZA.
A complete site plan application package is required for
all conditional use proposals.
Review by the DRC may not be required if the project is
moderate in scope or the project involves the
substitution of one conditional use for another similar
conditional use. Please check with the Planning &
Zoning Department to determine whether preliminary
review is required.
Pre-Application Meeting
or Concept Plan Review (optional)
Final Permits Issued
Building Department
Review and Approval
Denial
Final Review by the
Board of Zoning Appeals
Approval
Public Hearing by the BZA
Preliminary Site Plan Review by the DRC
Conditional Uses
City of Fairmont Development Review Guidebook — Conditional Uses
CU 2
The following must be submitted for preliminary review
by the DRC for all conditional uses:
One (1) completed Application Form with original
signatures of the legal owner and applicant.
Eight (8) copies of the sealed site plan, floor plans,
elevations and landscape plan (refer to Site Plan
Checklist).
Eight (8) copies of written response to conditional
use standards.
Review fee for both site plan review and conditional
use review.
Conditional Use Standards
What are the review standards for conditional uses?
All applications for conditional use approval shall be accompanied by a written narrative responding to the following
general review standards contained in Section 1331.03 of the City of Fairmont Zoning Ordinance:
The proposed use is compatible with the goals of the adopted comprehensive plan.
The proposed use shall be compatible with the appropriate and orderly development of the district, taking into
consideration the location and size of the use, the nature and intensity of the operations involved in or conducted
in connection with such use, the size of the site in relation to the use, the assembly of persons in connection
with the use, and the location of the site with respect to streets giving access to the site.
The proposed site development shall be such that the use will not hinder nor discourage the appropriate
development and use of adjacent land and buildings, taking into consideration the location, nature and height of
buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site.
Neighborhood character and surrounding property values shall be reasonably safeguarded.
Operations in connection with the use shall not be offensive, dangerous, destructive of property values and basic
environmental characteristics, or detrimental to the public interest of the community. They shall not be more
objectionable to nearby properties by reason of fumes, noise, vibration, flashing of or glare from lights, and similar
nuisance conditions than the operations of any permitted use not requiring a conditional use permit in the district.
The character and appearance of the proposed use, buildings, structures, and/or outdoor signs should be in
general harmony or better, with the character and appearance of the surrounding neighborhood.
In addition to the general review standards, conditions specific to the proposed use as outlined in section1331.02 must
be met.The Board of Zoning Appeals shall have the authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed conditional use.
What is required for preliminary review?
What information must be included on
the site plan?
All conditional use proposals must be accompanied by
a complete site plan application package that includes
the information required by Section 1323 of the Zoning
Ordinance.
Site plans must demonstrate compliance with all
applicable standards for the proposed use and
development and the conditional use standards
contained in Section 1331 of the Zoning Ordinance.
Site plans must conform to current City regulations and
those of any other agency having jurisdiction.
Incomplete site plans will not be accepted for review.
Please refer to the Site Plan Procedures and Checklist
for assistance in preparing a complete site plan
package.
Conditional Uses
City of Fairmont Development Review Guidebook — Conditional Uses
CU 3
What is required for final review?
Final review requires completed site plans to be
reviewed and approved by the Board of Zoning Appeals
(BZA).
Common Questions
What are the submission deadlines for
conditional use review?
Final plans for review by the Board of Zoning Appeals
must be submitted to the Planning Department at least
four (4) weeks prior to a scheduled BZA meeting.
Applications will be scheduled for public hearing in the
order in which they are received and on the basis of
completeness.
Who do I contact if I have more questions?
Contact the City of Fairmont Planning Department at:
Phone: (304) 366-6211, ext. 333
Email: planning@fairmontwv.gov
Address: 200 Jackson Street
Fairmont, WV 26554
Do I need to attend any meetings?
You will be notified of all meetings with your conditional
use request on the agenda. It is strongly
recommended that you have representation at all
meetings at which your request will be discussed.
Action may be taken on a conditional use request
whether the applicant is in attendance or not; however,
action may be postponed if the applicant is not
available to answer questions.
Does final approval allow me to begin
construction?
Final approval by the BZA does not authorize
construction. Following approval, permits to allow
construction or begin the use must be sought through
appropriate City departments and other agencies.
Conditional use approval confers compliance with the
Zoning Ordinance. It does not satisfy engineering or
building requirements. Plans must be approved
separately by the City Engineer, Storm Water
Coordinator and the Building Department.
How long is approval valid?
Conditional use approval is valid for 12 months from
the date of approval. Within 12 months, the applicant
shall have made application for a building permit or
received engineering approval. Failure to do so will
result in approval being null and void.
A request for extension shall be made in writing to the
BZA, and it will be addressed at the next available
meeting. If approval is not extended before the
expiration of the 12-month period, a new application
and approval shall be required.
What happens after final approval?
Once approval is given for a conditional use, the next
step is to make any necessary changes to the plans as
required by the BZA. Upon revision, the applicant must
submit the following to the Planning Department for
verification:
Five (5) copies of the final revised site plan. One (1)
copy must clearly highlight all revisions.
Detailed summary of changes in response to BZA
comments.
Acceptable final plans will be stamped “approved” and
signed by the City Planner. One (1) copy of the
approved plans will be returned to the applicant.
Conditional Uses
City of Fairmont Development Review Guidebook — Conditional Uses
CU 4
Notes
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
—————————————————————————————————————
Rezoning Requests
City of Fairmont Development Review Guidebook — Rezoning Requests
RZ 1
Overview
What is a rezoning of property?
A rezoning is a change in the zoning classification of a
specific property; it is an amendment to the City’s
Official Zoning Map.
Authority to rezone property rests with the City Council.
What are the procedures for requesting
a rezoning?
Upon receipt of a complete application for rezoning, the
Planning Commission will hold a public hearing, review
the request, and make a recommendation to the City
Council. The City Council has final authority to approve
or deny a request for rezoning.
Applicants should note that changes to rezoning
proposals prior to City Council approval may result in
additional public hearing(s).
What can I do if my rezoning request is
denied?
You may discuss the reconsideration of your petition,
with the Planning Commission, within the first year of
the decision if:
 There have been major changes of an economic,
physical or social nature within the area since the
initial consideration.
 These changes have significantly changed the
basic characteristics of the area.
 The conditions were not previously considered by
the Planning Commission or City Council (Article
1309.06).
Who can initiate a rezoning request?
A rezoning may be initiated by the City Council, the
Planning Commission, or an owner of real property
within the City.
Pre-Application Meeting (optional)
Public Hearing and Review by
Planning Commission and
Recommendation to City Council
Denial
Public Hearing and Review by City Council
Approval
Site Plan Review
and Permit Approval Processes
First Reading of Proposed Amendment by
City Council
Rezoning Requests
City of Fairmont Development Review Guidebook — Rezoning Requests
RZ 2
What are the application requirements?
One (1) completed Application Form with original
signatures of the legal owner and applicant.
Ten (10) copies of a Letter of Intent outlining plans
for development/use of the property (concept plans
will not
be accepted.).
Ten (10) copies of a legal survey with parcel
boundaries, dimensions, and existing buildings.
Ten (10) copies of existing conditions information
including generalized topography and natural
features, adjacent development, and relationship to
parcels within ¼–mile of the site.
Two (2) copies of a Location Map, with North point,
indicating subject property and abutting parcels
(maximum width: two newspaper columns).
Review fee of $75.00.
Requirements for Rezoning Common Questions
Do I need to attend any meetings?
You will be notified of all meetings with your rezoning
request on the agenda. It is strongly recommended
that you have representation at all meetings at which
your application will be discussed.
The Planning Commission and City Council may take
action on a request whether the applicant is in
attendance or not; however, action may be postponed
if the applicant is not available for questions.
Who do I contact if I have more
questions?
Contact the Planning Department at:
Phone: (304) 366-6211, ext. 333
Email: planning@fairmontwv.gov
Address: 200 Jackson Street
Fairmont, WV 26554
Notes
Contact Information
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
—————————————————————————————————————————————————————
APPLICATION FORM
ZONING MAP AMENDMENT
Planning & Zoning Department
200 Jackson St., Fairmont WV 26554
Phone (304) 366-6211, Ext 333
Fax (304) 366-0228
planning@fairmontwv.gov
Office Use
Application No. _______________ Review Fee _______________ Hearing Date ____________
Date Received _______________ Receipt No. _______________
I. OWNER INFORMATION
NAME _______________________________________________________________________________________
ADDRESS ____________________________________________________________________________________
CITY _________________________________ STATE ______________________________ ZIP _______________
PHONE ______________________________________ FAX ____________________________________________
II. AGENT / CONTACT INFORMATION
NAME _______________________________________________________________________________________
ADDRESS ____________________________________________________________________________________
CITY _________________________________ STATE ______________________________ ZIP _______________
PHONE ______________________________________ FAX ____________________________________________
II. PROPERTY INFORMATION
PROPERTY TO BE REZONED _____________________________________________________________
PROPERTY ADDRESS __________________________________________________________________
PROPERTY TAX MAP AND PARCEL NO. _____________________________________________________
PRESENT ZONING DISTRICT ____________________________________________________________
PROPOSED ZONING DISTRICT __________________________________________________________
REASON(S) FOR PROPOSED ZONING CHANGE ______________________________________________
___________________________________________________________________________________
CURRENT USE OF PROPERTY____________________________________________________________
DATE PRESENT USAGE ESTABLISHED _____________________________________________________
PROPOSED USE OF PROPERTY ___________________________________________________________
IV. ATTEST
I hereby certify that I am the owner of record of the named property, or that this application is authorized by the
owner of record and that I have been authorized by the owner to make this application as his/her authorized agent
and I agree to conform to all applicable laws of this jurisdiction, whether specified herein or not. I certify that I have
read and examined this document and know the same to be true and correct. The undersigned has the power to
authorize and does hereby authorize City of Fairmont representatives on official business to enter the subject
property as necessary to process the application and enforce related approvals and conditions.
Print/type name of Applicant/Agent) Signature of Applicant/Agent
Mailings—Send all correspondence to (please check one): _Owner OR _ Agent
Board of Zoning Appeals
City of Fairmont Development Review Guidebook — Board of Zoning Appeals
Overview
BZA 1
What are the procedures for submitting
an application to the BZA?
Procedures for the BZA vary depending upon the type
of request.
Refer to the appropriate application requirements on
the following pages for appeals, variances, and
conditional uses.
Variances are the most common requests brought
before the Board of Zoning Appeals.
What are the powers of the Board of
Zoning Appeals?
The Board of Zoning Appeals has the following powers:
 Hear, review and determine appeals from an order,
requirement, decision or determination made by an
administrative official charged with the
enforcement of this Zoning Ordinance.
 Authorize exceptions to the district rules and
regulations only in the classes of cases or in
particular situations as specified in the Zoning
Ordinance;
 Hear and decide conditional uses of the Zoning
Ordinance.
 Authorize, upon appeal in specific cases only as
provided in this ordinance, a variance to the zoning
ordinance.
 Reverse, affirm or modify the order, requirement,
decision or determination appealed from so long
as the action of the Board taken on appeal is
consistent with the rules, regulations and
requirements of this ordinance;
 Authorize, upon appeal the substitute of one legal
non-conforming use existing at the effective date of
this ordinance for another similar non-conforming
use.
What is the Zoning Board of Appeals?
The Board of Zoning Appeals (BZA) is a quasi-judicial
body appointed by the City Council.
The BZA is authorized to hear and decide matters as
required by the West Virginia Planning Enabling Act and
the City of Fairmont Planning and Zoning Code.
Board of Zoning Appeals
City of Fairmont Development Review Guidebook — Board of Zoning Appeals
Overview Appeals
How do I initiate an appeal to the BZA?
The following must be submitted for consideration:
One (1) completed Application Form with original
signatures of the legal owner and applicant.
Review fee of $75.00.
Copies of any written orders for which the appeal is
based.
What is the appeal process?
The appeals process begins with the applicant
submitting all of the required application materials to
the Planning Department.
The applicant must also file the appeal with the body or
official whose action is being appealed. The body or
official will then transmit all information related to the
matter to the Board of Zoning Appeals for review.
What are the possible outcomes of my
appeal?
After a public hearing and review, the Board of Zoning
Appeals may reverse or affirm, in whole or in part, or
may modify the order, requirement, decision, or
determination being appealed.
In making its decision, the BZA has the authority to
assume all powers and duties of the body or official
from whom the appeal was taken.
A concurring vote of the majority of the membership of
the Board of Zoning Appeals is necessary to reverse an
order, requirement, decision, or determination being
appealed, or decide in favor of the applicant on any
matter.
BZA 2
Application to
Board of Zoning Appeals
Public Hearing
Modify
Review by Board of Zoning Appeals
Affirm
Reverse
Post Sign and Mail Notices
What are the notification requirements
for an appeal?
Notification must be mailed by Certified Mail to
adjacent property owners.
Applicants must post the supplied sign on the
property in question 15 days prior to the Public
Hearing. Applicant is responsible for the return of
the sign to the Planning Department.
Notice of the Public Hearing must be posted 15
days prior to the hearing.
Board of Zoning Appeals
City of Fairmont Development Review Guidebook — Board of Zoning Appeals
How do I request a variance?
The following must be submitted for consideration:
One (1) completed Application Form with original
signatures of the legal owner and applicant.
Review fee of $75.00.
What are the standards for BZA review?
The BZA may grant a variance to the Zoning Ordinance
if it finds that the variance:
Will not adversely effect the public health, safety,
welfare or the rights of adjacent property owners,
residents or the neighborhood.
Arises form special conditions or attributes which
pertain to the property for which a variance is
sought and which were not created by the person
seeking the variance.
Would eliminate an unnecessary hardship and
permit a reasonable use of the land.
Will allow the intent of the Zoning Ordinance to be
observed and substantial justice done.
Is the minimum variance that will accomplish this
purpose.
Variances may not be granted for any approved
conditional use or Planned Unit Development.
A concurring vote of the majority of the membership of
the Board of Zoning Appeals is necessary to grant a
variance.
Overview Variances
BZA 3
What is the variance process?
Since a variance is the result of a condition unique to a
particular property or structure and not the result of an
administrative action, a “denial” is not a required
precedent to an application.
Projects that require site plan review must first be
reviewed by the DRC before an application is submitted
to the Board of Zoning Appeals.
Application to
Planning & Zoning Department
Public Hearing
Review by Board of Zoning Appeals
Approval
Denial
Post Sign and Mail Notices
What are the notification requirements
for a variance?
Notification must be mailed by Certified Mail to
adjacent property owners.
Applicants must post the supplied sign on the
property in question 15 days prior to the Public
Hearing. Applicant is responsible for the return of
the sign to the Planning Department.
Notice of the Public Hearing must be posted 15
days prior to the hearing.
Board of Zoning Appeals
City of Fairmont Development Review Guidebook — Board of Zoning Appeals
Do I need to attend any meetings?
You will be notified of all meetings with your application
on the agenda. You or your representative must be at
all meetings at which your request will be discussed.
Can I appeal a decision of the Board of
Zoning Appeals?
All decisions of the Board of Zoning Appeals are final.
A party aggrieved by a decision may appeal to the
circuit court in accordance with the procedures
established by State Law.
Common Questions
Does action by the BZA allow me to
begin construction?
Board of Zoning Appeals action typically does not
authorize construction. Following BZA action, permits
must be sought through appropriate City departments
and other agencies.
In the case of an appeal, the BZA has the authority to
assume all powers and duties of the body or official
from whom the appeal was taken. In such cases, the
BZA may issue or direct the issuance of a permit.
Who do I contact if I have more
questions?
Contact the City of Fairmont Planning Department at:
Phone: (304) 366-6211, ext. 333
Email: planning@fairmontwv.gov
Address: 200 Jackson Street
Fairmont, WV 26554
BZA 4
Notes
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
——————————————————————————
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Contents Overview & Purpose Introduction (City of Fairmont)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 3 August 2020

Message

View Audit Log
Print With Audit Log
Duplicate Document